Title 16, HEALTH

Sec. 3. (a) Any member state may withdraw from this compact by enacting a statute repealing the compact. (b) A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement…

Sec. 4. Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact. As added by P.L.3-…

Sec. 5. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until the amendment is enacted into the laws of all member states. As added by P.L.3-2020, SEC.1.

Sec. 0.5. (a) The general assembly finds the following as it relates only to section 1 of this chapter: (1) A hospital merger may benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public. (2) Benefits …

Sec. 1. This chapter applies to a merger agreement between hospitals located in a county that meets the following criteria: (1) Has a population that is less than one hundred forty thousand (140,000) and is not contiguous to a county with a population of more than two hundred fif…

Sec. 1.5. (a) As used in this chapter, "merger" means any change of ownership, including: (1) an acquisition or transfer of assets; or (2) the purchase of stock effectuated by a merger agreement. (b) As used in this chapter, "merger agreement" means an agreement between two (2) o…

Sec. 10. (a) A person aggrieved by a decision of the state department to: (1) grant or deny issuing a certificate under this chapter; or (2) revoke a certificate issued under this chapter; may appeal the order by filing a petition for judicial review in a district court of the co…

Sec. 11. The state department may adopt rules under IC 4-22-2 for the implementation and administration of this chapter. As added by P.L.104-2021, SEC.2.

Sec. 2. (a) Nothing in this chapter affects antitrust immunity provided through any other provision of state or federal law. (b) A hospital that has been issued a certificate of public advantage under this chapter may not be purchased by another hospital or system of hospitals un…

Sec. 3. (a) Any hospital entering into a merger agreement with another hospital may submit an application to the state department for a certificate of public advantage to govern the merger agreement in the manner prescribed by the state department. However, a hospital may not sub…

Sec. 4. (a) The state department, in consultation with the office of the secretary of family and social services, shall review an application for a certificate of public advantage and the documentation filed under section 3 of this chapter to determine whether there is clear evid…

Sec. 4.5. (a) As a part of a certificate of public advantage granted by the state department under this chapter, the state department may enter into an agreement with a nonprofit organization or a postsecondary educational institution to study the impacts of the certificate of pu…

Sec. 5. (a) A hospital that is a party to a merger agreement for at least five (5) years that was issued a certificate of public advantage by the state department under this chapter may voluntarily terminate the certificate of public advantage by filing notice of termination with…

Sec. 6. (a) The state department shall annually review a certificate of public advantage issued by the state department under this chapter. (b) The holder of a certificate of public advantage shall pay the reasonable costs incurred by the state department for the renewal of the c…

Sec. 7. (a) The state department shall actively supervise and monitor a hospital operating under a certificate of public advantage issued under this chapter to ensure that the conduct of the hospital furthers the purposes of this chapter. (b) The holder of a certificate of public…

Sec. 8. (a) A hospital that is issued a certificate of public advantage under this chapter shall submit a written report not later than July 1 of each year to: (1) the state department in the manner and time determined by the state department; (2) the office of the attorney gener…

Sec. 9. (a) The state department may do any of the following concerning a hospital that is issued a certificate of public advantage under this chapter: (1) Investigate the hospital's activities. (2) Require the hospital to either take action or prohibit an action in order to reta…

Sec. 1. The state department shall include in the registry of nurse aides required by 42 CFR 483.156(a) a home health aide who has successfully completed a home health aide competency evaluation program as required by 42 CFR 484.36. As added by P.L.110-1999, SEC.2.

Sec. 2. Information required for entry of a home health aide in the registry of nurse aides described in section 1 of this chapter must be the same as the information required for nurse aides under 42 CFR 483.156(c). As added by P.L.110-1999, SEC.2.

Sec. 3. (a) The state department shall establish a procedure for the receipt and the timely review and investigation of allegations of: (1) neglect of a patient; (2) abuse of a patient; or (3) misappropriation of patient property; by a home health aide. (b) The procedure required…

Sec. 1. The imposition of a quality assessment fee under this chapter occurs after June 30, 2011. As added by P.L.229-2011, SEC.162.

Sec. 10. The office shall adopt rules under IC 4-22-2 necessary to implement this chapter. As added by P.L.229-2011, SEC.162.

Sec. 11. (a) If a health facility fails to pay the quality assessment fee under this chapter not later than ten (10) days after the date the payment is due, the health facility shall pay interest on the quality assessment fee at the same rate as determined under IC 12-15-21-3(6)(…

Sec. 12. (a) The state department shall do the following: (1) Notify each nursing facility and each health facility reported under section 11 of this chapter that the nursing facility's license or health facility's license under IC 16-28 will be revoked if the patient day informa…

Sec. 13. The interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 shall review the implementation of this chapter. As added by P.L.229-2011, SEC.162. Amended by P.L.205-2013, SEC.216; P.L.53-2014, SEC.134.

Sec. 14. This chapter expires June 30, 2027. As added by P.L.229-2011, SEC.162. Amended by P.L.205-2013, SEC.217; P.L.217-2017, SEC.90; P.L.108-2019, SEC.204; P.L.165-2021, SEC.147; P.L.201-2023, SEC.149; P.L.213-2025, SEC.153.

Sec. 2. As used in this chapter, "continuing care retirement community" means a health care facility that: (1) provides independent living services and health facility services in a campus setting with common areas; (2) either: (A) holds continuing care agreements with at least t…

Sec. 3. As used in this chapter, "health facility" refers to a health facility that is licensed under this article as a comprehensive care facility. As added by P.L.229-2011, SEC.162.

Sec. 4. As used in this chapter, "nursing facility" means a health facility that is certified for participation in the federal Medicaid program under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.). As added by P.L.229-2011, SEC.162.

Sec. 5. As used in this chapter, "office" refers to the office of Medicaid policy and planning established by IC 12-8-6.5-1. As added by P.L.229-2011, SEC.162. Amended by P.L.160-2012, SEC.46.

Sec. 6. (a) Effective July 1, 2011, the office shall collect a quality assessment fee from each health facility. (b) The quality assessment fee must apply to all non-Medicare patient days of the health facility. The office shall determine the quality assessment rate per non-Medic…

Sec. 7. The office shall implement the waiver approved by the United States Centers for Medicare and Medicaid Services under 42 CFR 433.68(e)(2) that provides for the following: (1) Nonuniform quality assessment fee rates. (2) An exemption from collection of a quality assessment …

Sec. 8. (a) The money collected from the quality assessment fee during state fiscal year 2012 may be used only as follows: (1) Sixty-seven and one-tenth percent (67.1%) to pay the state's share of costs for Medicaid nursing facility services provided under Title XIX of the federa…

Sec. 9. If federal financial participation becomes unavailable to match money collected from the quality assessment fees for the purpose of enhancing reimbursement to nursing facilities for Medicaid services provided under Title XIX of the federal Social Security Act (42 U.S.C. 1…

Sec. 1. As used in this chapter, "food instrument" means an electronic benefit transfer card that can be taken to a WIC vendor for exchange for a specified quantity of food. [Pre-1993 Recodification Citation: 16-2-2.5-1.] As added by P.L.2-1993, SEC.18. Amended by P.L.138-2019, S…

Sec. 2. As used in this chapter, "WIC" refers to the women, infants, and children nutrition program. [Pre-1993 Recodification Citation: 16-2-2.5-2.] As added by P.L.2-1993, SEC.18.

Sec. 3. As used in this chapter, "WIC participant" means an authorized pregnant woman, a postpartum woman, an infant, or a child who is receiving supplemental food or a food instrument under the WIC program. [Pre-1993 Recodification Citation: 16-2-2.5-3.] As added by P.L.2-1993, …

Sec. 4. As used in this chapter, "WIC vendor" means the individual, partnership, limited partnership, or corporation that has: (1) entered into a WIC vendor agreement; and (2) been authorized by the state department to accept a food instrument and provide supplemental food to a W…

Sec. 4.5. As used in this chapter, "WIC vendor agreement" means an agreement between a WIC vendor and the WIC program that: (1) complies with 7 CFR 246.12; and (2) sets forth the requirements the WIC vendor must meet in order to redeem WIC food instruments. As added by P.L.171-20…

Sec. 5. As used in this chapter, "women, infants, and children nutrition program" refers to the federal Special Supplemental Food Program for Women, Infants, and Children under 42 U.S.C. 1786. [Pre-1993 Recodification Citation: 16-2-2.5-5.] As added by P.L.2-1993, SEC.18.

Sec. 5.5. (a) The state department shall select a WIC vendor based on vendor selection criteria set forth in 7 CFR 246.12. (b) The state department shall do the following: (1) Review the vendor selection criteria annually. (2) Include the vendor selection criteria in the WIC stat…

Sec. 6. The state department shall adopt rules under IC 4-22-2 specifying a system of civil penalties and other sanctions for failure to comply with a WIC vendor agreement under the WIC program or federal regulations under 7 CFR 246. The severity of a sanction must be consistent …

Sec. 7. (a) A civil penalty collected by the state department must be deposited in a dedicated account designated by the state department to be used in the administration of the WIC program. (b) A civil penalty collected under this chapter does not revert to the state general fun…

Sec. 1. This chapter does not apply when an individual is detained or committed under IC 12-26-5, IC 12-26-6, or IC 12-26-7. As added by P.L.145-1996, SEC.3. Amended by P.L.205-2023, SEC.21.

Sec. 10. A mental health provider shall inform each patient of the mental health provider about: (1) the mental health provider's training and credentials; (2) the reasonably foreseeable risks and relative benefits of proposed treatments and alternative treatments; and (3) the pa…

Sec. 2. As used in this chapter, "mental health provider" means any of the following: (1) A registered nurse or licensed practical nurse licensed under IC 25-23. (2) A clinical social worker licensed under IC 25-23.6-5. (3) A marriage and family therapist licensed under IC 25-23.…